The european journal of migration and law is a quarterly journal on migration law and policy with specific emphasis on the european union, the council of europe and migration activities within the organisation for security and cooperation in europe. International migration law provides a detailed and comprehensive overview of the international legal framework applicable to the movement. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are often conflated. Migration and international human rights law iii table of contents acronyms 1 table of cases 3 introduction 35 i. Research handbook on international law and migration. International migration law and legal affairs department. International law, migration and human rights 37 2. Numerous and frequentlyupdated resource results are available from this search. The multifaceted characteristic of the migration experience 38 iv. International migration policies 1 number of international migrants by development level of their country of origin, data source. International criminal law international crimes statute of. While treaties and custom are the most important sources of international law, the others mentioned in article 38 of the icj statute of the icj should not be ignored. International migration law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons. The right of everyone to the enjoyment of the highest attainable standard of physical and mental health has long been established in international human rights law.
International migration law human rights law criminal law migrant workers law humanitarian law refugee law nationality law law of the sea. In contrast, a migrant is a person described as such for one or more reasons, depending on the context. The legal framework that supports the international refugee protection regime was built by states. This is a common response in discussions about the concept of protection. Migration and international law the right to nationality and the reduction of statelessness the responses of the international migration law framework nafees ahmad abstract statelessness is the absence of the right to have a legal connection between nationality and state. Proposals for international law can only be sustained where the proposed law is expected to increase welfare, and where the distribution of the benefits and detriments of. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Pdf on jan 21, 2019, nawarathna banda and others published international migration law find, read and cite all the research you need on. International law of refugee protection oxford handbooks. Current challenges regarding the international refugee law.
Sources of international migration law by vincent chetail ssrn. Nov 16, 2012 the main sources of international law reveal a relatively dense picture. Access to asylum and responsibility for refugee protection. International migration law hereinafter iml can be described and conceptualized as a deconstructivist architecture both literally and metaphorically. The phenomenon of migration international federation of.
Richard perruchoud and jillyanne redpathcross, eds. Pia oberoi office of the high commissioner for human rights, or ohchr, juana sotomayor. Definition of international migration in the dictionary. The current framework is scattered throughout a wide array of rules belonging to numerous. Course on international migration law presented by the international organization for migration iom 45 june 2014 conference room e nlb united nations hq new york 9. First and foremost, it is the result of the hard work and dedication of its authors. It first considers the definition of refugee, persecution. International law and migration i xi competence of the state which has to be implemented with due respect for international law. International migration health and hman rights acknowledgments this publication would not have been possible without the contributions of a number of individuals. Sep 28, 2018 the fiveday course on international migration law is designed for government officials, academia, representatives of international and nongovernmental organizations, as well as members of civil society.
For example, there may be nuances between the terms illegal migration, clandestine migration, undocumented migration. Immigration law refers to the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Status of ratification of legal instruments related to international migration, 195020. Legal instruments on international migration united nations department of economic and social affairspopulation division 21 international migration report 20. International migration law another challenge faced in this compilation was the variety of terms used to describe the same or similar phenomenon. Universal declaration of human rights, article 141. This chapter examines the international law of refugee protection, focusing on the legal tools, treaties, and national laws which prescribe or implement the obligations of states to refugees, as well as the core protection functions and responsibilities of the office of the united nations high commissioner for refugees unhcr.
In multilateral and bilateral relations, some of the oldest and most basic elements and components of international law and practice arise with regard to migrants and refugees. Certain international instruments affecting management of migration have been widely ratified for example, 145 states have ratified the 1951 convention andor the 1967 protocol. International migration, border controls and human rights. The role of international law in economic migration. International migration law hardcover vincent chetail oxford. On the one hand, it encompasses economic, political, historical, sociological and legal issues, and on the other, it entails several dichotomies such as internal v international, forced v voluntary, regular v irregular and. International migration law iml, which is the international legal framework governing migration, is not covered by an y one legal instrument or norm.
These are essential for governments to be able to identify people in need of international. We already do protection, we just dont call it that. Ioms international migration law unit iom is committed to the principle that humane and orderly migration benefits migrants and society. The legal and normative framework on international migration includes binding international law as well as nonlegally binding best practices and principles. The role of international law in this field is complex, and often ambiguous. International migration is a complex subject, the more so since no country is. Protection of migrants under international law has developed in different treaty regimes in addition to human rights law covering the rights of specific groups of persons involved in migration. Immigration laws vary around the world, as well as according to the social and political climate of the times, as. It will focus on the international legal framework governing migration, including the rights and responsibilities of states and migrants. The fiveday course on international migration law is designed for government officials, academia, representatives of international and nongovernmental organizations, as well as members of civil society. International migration law international organization. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. Introduction this report describes the law and policy on refugees and other asylum seekers in twentytwo geographically dispersed countries and, at the supranational level, in the european union eu. This textbook provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders.
Foundations of international migration law edited by brian. The prevailing view, supported by unhcr and others, is that responsibility for the care of asylum. The international migration law unit was established within iom to strengthen and promote the organizations involvement in international migration law iml. While in many cases, migrants do undertake some form of migration, this is not always the case. Refugge and family migration law 12 ec migration and legal remedies 6 ec legal methodology methoden van rechtswetenschap 6 ec. Strategies for the protection of migrants through international law 35 i. International law, norms and principles the migration. A practitioners guide migration and international human. Migration and international human rights law a practitioners. Mar 28, 2014 migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. It concludes by assessing the role of soft law on the traditional sources of international migration law.
However, while the expression international migration law has been engaged in international legal scholarship for decades, it could not be said that it is universally understood and accepted as a distinct subdiscipline of international law, and has certainly historically been much less visible as than the more distinctive and prominent. Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. International migration law hardcover vincent chetail. International and regional instruments there are two strands of international law providing for international protection.
The main sources of international law reveal a relatively dense picture. International migration law and legal affairs department protection of persons involved in migration. International migration law course international institute. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. Basic documents on international migration law third revised. International migration is the process of moving from one country to another. The iml series is coordinated by ioms international. Law of armed conflict main instruments cultural protection in armed conflict and against intentional destruction chapter xi. In the context of ioms recent initiative to strengthen and enhance its involvement in the field of international migration law, the decision was taken to produce this glossary and to consolidate into one. International migration law international organization for. This journal differs from other migration journals by focusing on both the law and policy within the field of migration, as opposed to. International federation of red cross and red crescent societies the phenomenon of migration its significance or meaning in human societies throughout history migration can be defined as a process of moving, either across an international border, or within a state. A key objective of the unit is to encourage dissemination and understanding both within iom and amongst iom counterparts of the international legal standards that govern migration and provide protection of the rights of. In accordance with the philosophy of human rights, individuals are protected on the basis of personhood, not nationality or citizenship, thereby constraining.
So, too, have the principles of equality and nondiscrimination. As international and national law on migration are profoundly intertwined, solid knowledge of international migration and refugee law is also most valuable for national institutions and organizations dealing with migration law, such as migration law firms, the judiciary, national and local governments or ngos. The law library of congress 1 comparative summary luis acosta chief, foreign, comparative, and international law division ii i. A key objective of the unit is to encourage dissemination and understanding both within iom and amongst iom counterparts of the international legal standards that govern migration and provide protection of the rights of individuals. Information and translations of international migration in the most comprehensive dictionary definitions resource on the web. International migration law is an important field of international law, which has attracted exceptional interest in recent years. Movement of persons and international migration law refugees statelessness internally displaced persons migrant workers book two chapter x. The current framework is scattered throughout a wide array of rules. Through the years, states have affirmed their commitment to. Opportunities and challenges for states under international human rights law a na b eduschi a bstract technology, as the epitome of our contemporary society, permeates the realm of international migration. The legal and normative framework of international migration.
Research paper on migration conducted by leila ezzarqui, senior research officer. Sources of international migration law by vincent chetail. The international law of refugee protection, which is the source of many such exceptions, comprises a range of universal and regional conventions treaties, rules of customary international law, general principles of law, national laws, and the everdeveloping standards in the practice of states and international organizations, notably the. A guide to international refugee law everyone has the right to seek and to enjoy in other countries asylum from persecution. As an intergovernmental body, iom acts with its partners in the international community to.
International migration law acquisition of nationality obtaining the nationality of a state by a person who is a nonnational by birth, whether on the persons application, following from a change in personal status, or as the result of the ceding of territory from one state. From time immemorial, whether individually or in groups, whether voluntarily by migration, or forcibly through seeking. The masters programme law, specialization international migration and refugee law has a study load of 60 credits, 1 academic year. Major sources of international law proscribing discrimination. Masters programme law specialization international.
1292 81 30 994 80 1561 1050 1092 757 798 888 548 1020 787 274 1189 509 1498 1499 1190 347 414 1520 898 383 591 885 1448 763 569 1082 141 669 1019